AI Overview...
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Telephonic Message as FIR - Multiple sources recognize that a telephonic message can constitute a First Information Report (FIR) if it contains information about a cognizable offense and is given to the officer-in-charge of a police station. Courts have held that such messages, even if cryptic or vague, can be considered valid FIRs based on the circumstances STATE OF KARNATAKA VS RAMANNA - Karnataka, RANDHIR SINGH VS STATE OF DELHI - Delhi, Pooran VS State Of Rajasthan - Rajasthan, Tehal Singh VS State of Rajasthan - Rajasthan, MAUJI RAM VS STATE OF H. P. - Himachal Pradesh.
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Cryptic or Vague Messages - Some courts have noted that cryptic or vague telephonic messages, if they provide sufficient information about a cognizable offense and are recorded properly, can still be treated as FIRs. However, messages that are too cryptic or do not clearly specify the offense may not qualify as FIRs RAMMESH B. JADEJA VS STATE OF DELHI - Delhi, Sham @ Raju R. Anpur & others VS State of Maharashtra - Bombay.
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Timing and Content - The timing of the telephonic message relative to the FIR is crucial. In some cases, the telephonic message was received before the FIR was lodged, and courts have considered whether the message or subsequent statements recorded by police constitute the FIR. The detailed content and the context of the message influence its acceptance as an FIR YOGESH VS STATE OF U P - Allahabad, Shankarbhai Bachubhai Baria VS State of Gujarat - Gujarat.
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Legal Precedents and Principles - Courts have emphasized that the primary requirement for a telephonic message to qualify as an FIR is that it should contain information about a cognizable offense and be recorded by the police in their diary or record. The message must be given to the officer-in-charge or recorded by them to be considered valid Pooran VS State Of Rajasthan - Rajasthan, MAUJI RAM VS STATE OF H. P. - Himachal Pradesh.
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Evidence and Material Considerations - The absence of the actual telephonic message in court, or its being cryptic and not properly recorded, can lead to its rejection as evidence. In some cases, the court held that the statement recorded at the hospital or other subsequent statements constitute the FIR, rather than the initial telephonic message Shankarbhai Bachubhai Baria VS State of Gujarat - Gujarat.
Analysis and Conclusion:
A telephonic message can serve as an FIR if it is received by the police officer-in-charge, contains sufficient information about a cognizable offense, and is properly recorded. While cryptic messages may sometimes be accepted, their adequacy depends on the facts and circumstances, and courts scrutinize whether the message was sufficient to initiate an investigation. The timing and content are critical factors, and the actual recording or subsequent statements often form the basis of the FIR rather than the initial telephonic message alone. Overall, telephonic messages are admissible as FIRs when they fulfill these criteria STATE OF KARNATAKA VS RAMANNA - Karnataka, RANDHIR SINGH VS STATE OF DELHI - Delhi, Pooran VS State Of Rajasthan - Rajasthan.
References:
- STATE OF KARNATAKA VS RAMANNA - Karnataka
- RANDHIR SINGH VS STATE OF DELHI - Delhi
- Pooran VS State Of Rajasthan - Rajasthan
- Tehal Singh VS State of Rajasthan - Rajasthan
- RAMMESH B. JADEJA VS STATE OF DELHI - Delhi
- MAUJI RAM VS STATE OF H. P. - Himachal Pradesh
- Sham @ Raju R. Anpur & others VS State of Maharashtra - Bombay
- Shankarbhai Bachubhai Baria VS State of Gujarat - Gujarat
- YOGESH VS STATE OF U P - Allahabad
Search Results for "Fir Telephonic Message"
2001 0 Supreme(Kar) 295 • India - Karnataka
K.SREEDHAR RAO
as FIR-Telephonic message being cryptic, vague and indefinite cannot be treated as FIR-evidence of PWs has to be considered on merit ... 154, 161 and 162, Indian Penal Code, 1860-Sections 441, 425, 503 and 34-Indian Evidence Act, 1872-Section 3-Considering Telephone message ... and cannot be rejected for want of FIR-rejection of evidence of PWs and acquittal of accused held not proper. ... The said lady gave a telephonic message to the police station....
1980 0 Supreme(Del) 153 • India - Delhi
CHARANJIT TALWAR, PRITHVI RAJ
{'KEYWORD': 'First Information Report (FIR)', 'SUBJECT': 'Telephonic Message as FIR', 'ACT SECTION LIST': ['Section 154 of the ... Finding of the Court: The court held that the telephonic message constituted the First Information Report (FIR) and ... Issues: Whether the telephonic message received at the police station constituted a First Information Report (FIR#HL_E....
1993 0 Supreme(Raj) 535 • India - Rajasthan
N.L.TIBREWAL, M.R.CALLA
The telephonic message received by the police was considered the FIR. ... Whether the written report was the First Information Report (FIR) or if the telephonic message was the FIR. 2. ... The court held that the telephonic message was the FIR as it was the first in time and contained information about a cognizable offense ... On getting the telephonic message, ....
1988 0 Supreme(Raj) 311 • India - Rajasthan
K.S.LODHA, R.S.VERMA
-Telephonic message can be treated as an F.I.R depends upon the facts & circumstances of each case. ... (a) Cr.P.C., 1973, Sec. 154—F.I.R. ... Jile Singh (P.W. 10) states that he had heard the telephonic message. ... There is a divergence of opinion on the question whether a telephonic message can at all be treated as an FIR or not. ... To us, it appears that whether a telephonic message can be tr....
1994 0 Supreme(Del) 153 • India - Delhi
N.P.SINGH, K.J.REDDY
CRIMINAL LAW - F. I. R. - TELEPHONIC MESSAGE - CRYPTIC IN NATURE - NOT F. I. R. - STATEMENT RECORDED BY I. O. ... Issues: Whether the cryptic telephonic message given by the Head Constable to the officer in charge constituted a F. I. ... Finding of the Court: The Court held that the cryptic telephonic message given by the Head Constable to the officer ... The object and purpose of giving such telephonic #HL_STA....
1994 0 Supreme(HP) 55 • India - Himachal Pradesh
BHAWANI SINGH, LOKESHWAR SINGH PANTA
CRIMINAL - SECTION 154 OF THE CRIMINAL PROCEDURE CODE - FIRST INFORMATION REPORT - TELEPHONIC MESSAGE - WHETHER CONSTITUTES FIRST ... Whether the telephonic message received by the police station constituted the First Information Report in the case? 2. ... The court held that a telephonic message can constitute a First Information Report if it is given to the officer-in-charge of a police ... Whether this is so or ....
1996 0 Supreme(Bom) 420 • India - Bombay
N.D.VYAS, RANJANA DESAI
The Telephonic message was sent to Vanwadi Police Station by the said Chowky. ... police diary entry was first at point is, a FIR-Contention-Entry-A cryptic telephonic message-Purpose to admit in hospital-Inclusion ... The message given to the Surat Police Station was too cryptic to constitute a first information report within the meaning of Section ... The Supreme Court while dealing with the question whether a telephonic message a....
2019 0 Supreme(Guj) 993 • India - Gujarat
R.M.CHHAYA, S.H.VORA
to the hospital - Police Officer having received the said message reaching the hospital and recording the statement of the brother of the deceased - Held, statement of the brother of the deceased and not the telephonic message of the Head Constable constituted the FIR. ... The Hon'ble Supreme Court in Head Note A has observed as under:- (A) Criminal Procedure Code, 1973 - S. 154 - Telephonic message - When constitutes an FIR - Cryptic message given ....
2007 0 Supreme(All) 815 • India - Allahabad
RAVINDRA SINGH
R. by the first informant is not mentioned whereas it is mentioned that the telephonic message was given to the police station concerned at 7. 45 a. m. on 2-1- 2004. ... The first informant has lodged the F. I. R. on 2- 1-2004 at 9. 05 a. m. whereas telephonic message about the alleged incident was already given by some unknown person to the police station concerned on 2-1-2004 at 7. 45 a. m. ... In inquest report itself the time of receiving the telephonic message ha....
1996 0 Supreme(MP) 983 • India - Madhya Pradesh
R.D.SHUKLA, SHAMBHOO SINGH
This witness has admitted that before arrival of police officer he had sent telephonic message regarding the incident. The telephonic message has not been produced in the court and, therefore, it has been submitted that the material piece of evidence has been suppressed. ... Dehati Nalishi and consequently FIR is ante-dated. Telephonic message given by Karan has not been produced. ... ( 7 ) THE second contention of learned counsel for appellant is that deceased was a....
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